The handling of complaints of sexual assault on campus has been a mess. The charge that victims have been treated insensitively and had their complaints too lightly dismissed has often been valid. The countercharge that campus administrations, whether voluntarily or coerced by the U.S. Dept. of Education, went too far the other direction and degenerated into witch hunts has also been valid at times.Melissa Korn reports for the WSJ:Education Secretary Betsy DeVos on Thursday said the department plans to roll back the Obama administration's guidance on how colleges and universities should handle sexual assault cases.* * *The federal government will solicit public comment and establish a new regulatory framework to help schools adjudicate the cases, Mrs. DeVos said. Sexual assault has been a flashpoint on college campuses for years, as schools struggled to interpret a 2011 letter that spelled out…
Reconsidering Campus Sexual Assault
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Jae Lee v. United States – Advising Defendants Facing Deportation Continues to be an Issue
The last United States Supreme Court term ended with some noteworthy criminal decisions. One of these was Jae Lee v. United States, decided on June 23, 2017. This is the latest case from the High Court to address the issue of effective assistance of counsel in the context of a criminal case where a non-citizen defendant resolves the charges by way of plea, thereby risking deportation. The facts are not complicated. The defendant sold ecstasy and marijuana to an informant, and was charged with possessing ecstasy with intent to distribute. During plea negotiations, Lee repeatedly asked his attorney if he would be deported if he pleaded guilty, and defense counsel assured him that he would not. Because the offense was an aggravated felony, Lee was, in fact, subject to mandatory deportation as a result of the plea. Upon learning of this, Lee moved to vacate the plea, arguing that his attorney’s advice amounted to ineffective…
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Ferguson & Berger on Developments in Canadian Criminal Law
Gerry Ferguson and Benjamin L. Berger (University of Victoria - Faculty of Law and York University - Osgoode Hall Law School) have posted Recent Developments in Canadian Criminal Law (Criminal Law Journal, Vol. 40, pp. 33-48, 2016) on SSRN. Here...
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News Scan
Impact of Obama Consent Decrees on Policing: The Obama Justice Department put more police departments under federal control that any previous administration. Manhattan Institute scholar Heather MacDonald examines the impact that these consent decrees have had on policing in this City Journal piece. She also discusses Attorney General Jeff Sessions' effort to mitigate these consent decrees, which are binding contracts between police departments and the federal government. One of the primary reasons that cities have agreed to have their police departments placed under federal control has been to respond to accusations of racial bias. The news media has been complicit in advancing these accusations, often misreporting incidents to advance the narrative. MacDonald examines this, particularly in Milwaukee and Chicago.
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Will Supreme Court Narrow The Broadest Tax Crime?
In the October 2017 term, the Supreme Court will take up its first criminal tax case in almost a decade, Marinello v. United States. At issue is a longstanding circuit split about a mainstay of the federal government’s arsenal in financial crime cases, the tax obstruction statute, which makes a felon of anyone who “corruptly … obstructs or impedes, or endeavors to obstruct or impede, the due administration” of the Internal Revenue Code. 26 U.S.C. § 7212(a). Marinello will decide whether this law only prohibits efforts to obstruct a pending IRS audit or collection proceeding, or instead whether (as the DOJ argues and most circuits agree) it also reaches any other conduct affecting federal taxes. Often described as a “one-man conspiracy” statute, § 7212(a)’s reach at present is limited mainly by DOJ’s self-restraint. Every other tax crime of consequence – tax evasion, filing false returns,…
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More re: FCC Beaumont. What about Florida’s federal prisons?
The situation at FCC Beaumont has continued to draw media attention. Wednesday, BuzzFeed News published an article based on interviews with seven inmates’ relatives. But while the high water in Beaumont was so destructive that it disabled the city’s water supply system, the federal prison located in the city did not evacuate, leaving inmates stuck in their cells as water rose as high as their ankles and the smell of sewage from backed-up toilets grew so putrid that some wrapped towels over their noses before going to sleep. Federal prison officials did not immediately respond to inquiries about the claims, which were consistent among the seven relatives — all women — of inmates who spoke to BuzzFeed News.[.…] Four of the women who spoke to BuzzFeed News said that the inmates at the medium-security unit were given two 16-ounce bottles of water per day, along with two sandwiches (bologna or peanut butter and jelly). At the maximum-security unit, the…
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MIT Frat House Cited for Operating as Night Club – Criminal Charges to Follow?
According to Boston police, MIT’s Phi Delta Theta fraternity house was being “operated as a nightclub” on Sunday night, complete with a DJ and strobe lights. The fraternity failed to obtain the City of Boston License Division’s approval, but the problems don’t stop there. Underage drinking, a waterfall pouring down a marble staircase, and other hazardous conditions have resulted in the issuance of a violation to the fraternity’s president. The inspection of the premises came after Boston police saw a “line of approximately 40 college-aged persons awaiting entry” into the fraternity house. During the inspection, detectives talked to a fraternity member who was stationed at the front door to record the number of people inside the building. When asked by police, he responded that there were 116 people inside. Staircase Waterfalls and Underage Drinking Continue reading
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WaPo: After Utah nurse’s violent arrest, local prosecutors ask FBI to help investigate police
WaPo: After Utah nurse’s violent arrest, local prosecutors ask FBI to help investigate police by Derek Hawkins: Prosecutors in Utah’s Salt Lake County have asked the FBI to join a criminal probe into the violent arrest of a local nurse who … Continue reading →
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Theft, Burglary, and Robbery – What’s the Difference?
Most people use the words theft, burglary, and robbery interchangeably. Although these three property crimes share some similarities, they are distinctly different. They all involve the act of taking or unlawfully entering another’s property, but that’s pretty much where the similarities end. Theft Also known as larceny, theft involves the unauthorized taking of another’s property. In order to prove theft, the intent must be to permanently deprive another of his or her property. For example, if Sara takes a friend’s bicycle to have it fixed for her birthday and brings it back the next morning, that is not theft. If Sara takes a friend’s bicycle and hides it in her shed for months because she thinks the “friend” is having an affair with her husband, that is theft. Theft is the most basic, and usually the least serious, of these crimes. A MA defense lawyer can help you protect your rights if you’ve been charged with theft or any…
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Equifax Data Breach Lawsuit – Do I have a claim?
Many of us woke up today to news that Equifax, one of the three major credit agencies in the U.S., fell victim to hackers, resulting in a massive data breach.… read more → The post Equifax Data Breach Lawsuit – Do I have a claim? appeared first on Pate & Johnson Law Firm.
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Lawfare: iOS 11 May Complicate Border Searche
Lawfare: iOS 11 May Complicate Border Searches by Nicholas Weaver: The upcoming iOS 11 makes further changes in order to protect users’ phones, tablets, and iPods from unauthorized access. Phones, however, cannot reliably distinguish between law enforcement, thieves, and hostile … Continue reading →
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Can a Parole Board Decision be Appealed?
Parole plays a role in the lives of many convicted individuals. The purpose of parole is to help a previously incarcerated person resume life in society under the guidance of a parole officer. Two of these elements include helping a person with housing and employment related issues. Additionally, parole serves the purpose of protecting society from individuals who might present a risk to those around them by making sure that the person follows particular requirements. There are a variety of reasons why a person might want to appeal a parole board’s decision. On one hand, a person convicted of a crime might want to overturn a parole board’s refusal to let a person have his or her freedom. On the other side, the victim of a crime might want to change a parole board’s decision so that the individual can be safer a while longer. No matter the reason why a person decides to appeal a parole board’s decision, there are two things that help greatly. First,…
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Kreag on The Jury's Brady Right
Jason Kreag (University of Arizona Rogers College of Law) has posted The Jury's Brady Right (98 Boston University Law Review ___ (2018 Forthcoming)) on SSRN. Here is the abstract: When prosecutors violate due process by suppressing evidence favorable to criminal...
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This Week in Innocence News – September 8, 2017
Here are some of this week’s news highlights: Innocence Project New Orleans argues case for man imprisoned since 1974 Attorneys with Innocence Project New Orleans asked a state district judge last week to reverse the 1974 rape conviction of Wilbert Jones, who they say was wrongfully convicted of a 1971 rape. The Advocate New testing of DNA evidence may shed light on 2000 murder An investigation by graduate students at Northwestern University suggests that Wisconsin police may have planted evidence in order to frame Ken Hudson for murder. The Cap Times Op-ed: Plea bargain reforms needed in New Jersey Columnist Albert Kelly highlights the need for reforms in the area of plea-bargaining in New Jersey. SNJ Today Charges against Pedro Hernandez dropped Pedro Hernandez, the Bronx teenager who was detained on Rikers Island for over a year without a trial, had the charges against him dropped on…
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Liberty lost: the failings of delegating bail hearings to Justices of the Peace in Ontario
How the delegation of bail hearings to Justices of the Peace has failed, and a judicial recalibration is required. Recently, the the CBC reported that"Judges will be taking over bail hearings at two Ontario courthouses Tuesday as the provincial court tries to reduce delays in the wake of the Jordan decision." Yet despite the [...]
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Friday Open Thread
CNN says Florida will be a direct hit. South Florida is evacuating. How are our Florida readers doing? I think I have good news -- my month long trial that begins 9/18 may settle after all, which means my blogging hiatus will be over next week. ... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Phoenix Family Members Sentenced in FNMA REO Fraud
Mortgage Fraud Blog. Daphne Iatridis, 59, and her husband, Arthur Telles, 59, were each sentenced to 30 months in prison and ordered to forfeit 26 fraudulently purchased properties to the United States. Both had previously pleaded guilty to conspiracy to commit mail and wire fraud and tax evasion. The couple’s sons, Brendyn Iatridis and Spenser Iatridis, also pleaded guilty to related […] The post Phoenix Family Members Sentenced in FNMA REO Fraud appeared first on Mortgage Fraud Blog.
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Fluet & Mungan on Fault, Deterrence, and Signal Tuning
Claude Fluet and Murat C. Mungan (Université Laval and George Mason University - Antonin Scalia Law School, Faculty) have posted The Signal-Tuning Function of Liability Regimes on SSRN. Here is the abstract: Fault-based liability regimes require an inquiry into the...
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Trial Victory Illustrates Tragedy of False Allegations
Child sexual abuse allegations are some of the most difficult cases our criminal justice system faces—especially for the defense attorneys who defend against them, the prosecutors who try them, and the judges who preside over them. Laurie Shanks, Clinical Professor of Law at Albany Law School, put it this way: “Judges, prosecutors and defense attorneys must all learn to deal with the unique challenges presented by cases involving allegations of sexual abuse so that the innocent are protected, whether those innocents are the children, the accused, or both.” One of the most devastating, if not the most devastating, life events is for a person to be falsely accused of any sort of child sexual misconduct. The moment the allegation is made, a vicious stigma of guilt attaches, and will forever scar the accused’s life, regardless of a jury acquittal, a prosecutor’s dismissal of charges, or a recantation of the charges by the false accuser. …
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60 Month Sentence in Pennsylvania Loan Fraud
Mortgage Fraud Blog. Zaki M. Bey, 39, Philadelphia, Pennsylvania, was sentenced to 60 months in prison. Bey previously pleaded guilty to one count of conspiracy to commit loan and bank fraud, one count of conspiracy to defraud the Internal Revenue Service, and one count of conspiracy to commit wire fraud. According to court documents, Bey conspired with others to prepare and […] The post 60 Month Sentence in Pennsylvania Loan Fraud appeared first on Mortgage Fraud Blog.
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